Notes: Provided by the links: The legislative process is governed by rules, procedures and laws, making it kind of mechanical in nature. The legislative process is long and complex, all the laws began as ideas.
The general process for making a bill into a law is described in the Constitution. The Constitution leaves most of the details to the people of the day, dictating only the overall picture. The general process is useful very.
First, a bill must pass both houses of Congress by a majority vote. After it has passed out of Congress, it is sent along to the President. If the President signs the bill, it becomes law.
If The President doesn't sign the bill, and specifically rejects the bill, it is called a veto, the bill then returns to Congress. There it is voted on again, and if both houses of Congress pass the bill again.
Submitting a Bill
Bills originate from several different sources, but primarily from individual members of Congress. In addition, bills might be brought to a member by a constituent or by a group of constituents; a bill can be submitted to a member of Congress by one or more state legislatures; or the President or his administration might suggest a bill.
However it is brought to the attention of a member, it must be submitted for consideration by the member. In the House, Representatives need merely drop a copy of a bill into a bin specifically placed to receive new bills. In the Senate, the bill is given to a clerk at the President's desk.
Bills can be introduced in either house, though as noted above, a bill must eventually pass both houses to become law. The exception to this is that bills for raising revenue must originate in the House, and never in the Senate.
House Procedure
In the House, a bill approved by a committee is referred to the whole House. Most are then referred to the so-called Committee of the Whole, which consists of all members of the House, but with a much lower quorum requirement. Once in the Committee of the Whole, it is read and debated upon. During this general debate, time is allotted for debate, with equal amounts of that time given to the two main parties in the House. When the time for debate is up, a second reading is done. After the second reading, amendments to the bill may be offered, debated upon, and voted upon. Once the Committee of the Whole is done with the bill, it is referred back to the full House. Note that a bill cannot be killed in the Committee of the Whole, although amendments may be placed on the bill that make it undesirable. This is often known as a "poison pill.".
Once in the hands of the full House, the amendments placed on the bill by the Committee of the Whole are voted upon - they can be voted upon en masse or one at a time. After that, one of two votes can happen - either a vote to recommit (which can send the bill back to committee if approved), or a vote on the bill, as amended. If a recommit vote fails, a full vote is taken.
If a bill passes, it is organized and published. The House uses blue paper for approved bills.
Senate Procedure
After a Senate committee refers a bill to the full Senate, it can take one of two main roads. In some cases, with emergency or other non-controversial bills, a simple voice vote is taken of the Senate, and the bill either passes or fails. Amendment is possible even when the simple voice vote can be used. If consent for a voice vote is not available, the bill is placed on the calendar for review by the entire Senate at a later date.
When the bill's time comes up, objection can be noted. If no objection is noted, each Senator has five minutes to speak on the bill. During this time, amendments may be offered. If objection was offered, then each Senator has the opportunity to speak on the bill for as long as he or she wishes. From time to time, a Senator may "filibuster" by speaking about a bill for an extended period of time, never yielding the floor to another Senator. This is usually, at most, a delaying tactic, since a single member cannot speak for an indefinite amount of time. By combining forces with other Senators, however, it can be an effective tool for stopping action on an item, or for forcing compromise on an item.
After all amendments are offered and voted upon, and all Senators who wish to talk have had a chance to, the bill is put forth for a vote.
The Bill Becomes Law
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
The law is transmitted to the Archivist of the United States. The Archivist assigns the law a number. The Archivist publishes the law on its own, as a pamphlet. This is known as a slip law. The slip law contains a lot more than just the text of the law itself, such as where it is be inserted in the United States Code, if at all; its legislative history; the committees through which it passed; and so on. In effect, the slip law is a historical document in itself.
The law is also published in the United States Statutes at Large, The Statutes at Large is a collection of all laws passed in any given Congress.
Finally, if a law affects the U.S. Code, it is added to the Code, striking out sections or clauses that a law removes, and adding new ones the law created. The entire U.S. Code is republished every six years. Types of Measures
The Legislative Assembly can accomplish tasks in addition to creating, amending or repealing laws. It can honor a distinguished Oregonian, propose an amendment to the Oregon constitution, or send a message on behalf of the Oregon legislature to the President of the United States. In these instances, a bill is not the appropriate form of measure.
There are six types of measures: a bill,joint resolution, concurrent resolution, resolution, joint memorial and memorial.
A bill, the most common type of measure, is a proposal for a law. All statutes, except those initiated by the people or referred to the people by the Legislative Assembly, must be enacted through a bill.
The path of a bill, from the time it is just an idea to the time it arrives at the Governor's desk for approval, is paved with many detours. In order for a bill to become law, it must be passed by both houses in the identical form. A bill may be introduced in either the Senate or the House with the exception of revenue bills which must originate in the House.This is achieved through the following step-by-step process, using the House of Representatives, for example, as the house of origin.
An idea to change, amend or create a new law is presented to a Representative.
The Representative decides to sponsor the bill and introduce it to the House of Representatives, and requests that the attorneys in the Legislative Counsel's office draft the bill in the proper legal language.
The bill is then presented to the Chief Clerk of the House, who assigns the bill a number and sends it back to the Legislative Counsel's office to verify it is in proper legal form and style.
The bill is then sent to the State Printing Division, where it is printed and returned to House of Representatives for its first reading.
After the bill's first reading, the Speaker refers it to a committee. The bill is also forwarded to the Legislative Fiscal Officer and Legislative Revenue Officer for determination of fiscal or revenue impact the measure might have.
The committee reviews the bill, holds public hearings and work sessions.
In order for the bill to go to the House floor for a final vote, or be reported out of committee, a committee report is signed by the committee chair and delivered back to the Chief Clerk.
Any amendments to the bill are printed and the bill may be reprinted to include the amendments (engrossed bill).
The bill, now back in the house of origin (House), has its second reading.
The measure then has its third reading, which is its final recitation before the vote. This is the time the body debates the measure. To pass, the bill must receive aye votes of a majority of members (31 in the House, 16 in the Senate).
If the bill is passed by a majority of the House members, it is sent to the Senate.
The bill is read for the first time and the Senate President assigns it to committee. The committee reports the bill back to the Senate where the bill is given the second and third readings.
If the bill is passed in the Senate without changes, it is sent back to the House for enrolling.
If the bill is amended in the Senate by even one word, it must be sent back to the House for concurrence. If the House does not concur with the amendments, the presiding officers of each body appoint a conference committee to resolve the differences between the two versions of the bill.
After the bill has passed both houses in the identical form, it is signed by three officers: the Speaker of the House, the Senate President, and the Chief Clerk of the House or Secretary of the Senate, depending on where the bill originated.
The enrolled bill is then sent to the Governor who has five days to take action. If the Legislative Assembly is adjourned the Governor has 30 days to consider it.
If the Governor chooses to sign the bill, it will become law on the prescribed effective date. The Governor may allow a bill to become law without his/her signature, or the Governor may decide to veto the bill. The Governor's veto may be overridden by a two-thirds vote of both houses.
The signed enrolled bill, or act, is then filed with the Secretary of State, who assigns it an Oregon Laws chapter number.
Staff in the Legislative Counsel's office insert the text of the new laws into the existing Oregon Revised Statutes in the appropriate locations and make any other necessary code changes.
Effective Date of Legislation
In 1999, the Legislative Assembly adopted ORS 171.022, which reads, "Except as otherwise provided in the Act, an Act of the Legislative Assembly takes effect on January 1 of the year after passage of the Act."
Some bills contain a clause which specify a particular effective date. Still others may have emergency, sunset, or referendum clauses attached.
The legislative process is governed by rules, procedures and laws, making it kind of mechanical in nature. The legislative process is long and complex, all the laws began as ideas.
The general process for making a bill into a law is described in the Constitution. The Constitution leaves most of the details to the people of the day, dictating only the overall picture. The general process is useful very.
First, a bill must pass both houses of Congress by a majority vote. After it has passed out of Congress, it is sent along to the President. If the President signs the bill, it becomes law.
If The President doesn't sign the bill, and specifically rejects the bill, it is called a veto, the bill then returns to Congress. There it is voted on again, and if both houses of Congress pass the bill again.
Submitting a Bill
Bills originate from several different sources, but primarily from individual members of Congress. In addition, bills might be brought to a member by a constituent or by a group of constituents; a bill can be submitted to a member of Congress by one or more state legislatures; or the President or his administration might suggest a bill.
However it is brought to the attention of a member, it must be submitted for consideration by the member. In the House, Representatives need merely drop a copy of a bill into a bin specifically placed to receive new bills. In the Senate, the bill is given to a clerk at the President's desk.
Bills can be introduced in either house, though as noted above, a bill must eventually pass both houses to become law. The exception to this is that bills for raising revenue must originate in the House, and never in the Senate.
House Procedure
In the House, a bill approved by a committee is referred to the whole House. Most are then referred to the so-called Committee of the Whole, which consists of all members of the House, but with a much lower quorum requirement. Once in the Committee of the Whole, it is read and debated upon. During this general debate, time is allotted for debate, with equal amounts of that time given to the two main parties in the House. When the time for debate is up, a second reading is done. After the second reading, amendments to the bill may be offered, debated upon, and voted upon. Once the Committee of the Whole is done with the bill, it is referred back to the full House. Note that a bill cannot be killed in the Committee of the Whole, although amendments may be placed on the bill that make it undesirable. This is often known as a "poison pill.".
Once in the hands of the full House, the amendments placed on the bill by the Committee of the Whole are voted upon - they can be voted upon en masse or one at a time. After that, one of two votes can happen - either a vote to recommit (which can send the bill back to committee if approved), or a vote on the bill, as amended. If a recommit vote fails, a full vote is taken.
If a bill passes, it is organized and published. The House uses blue paper for approved bills.
Senate Procedure
After a Senate committee refers a bill to the full Senate, it can take one of two main roads. In some cases, with emergency or other non-controversial bills, a simple voice vote is taken of the Senate, and the bill either passes or fails. Amendment is possible even when the simple voice vote can be used. If consent for a voice vote is not available, the bill is placed on the calendar for review by the entire Senate at a later date.
When the bill's time comes up, objection can be noted. If no objection is noted, each Senator has five minutes to speak on the bill. During this time, amendments may be offered. If objection was offered, then each Senator has the opportunity to speak on the bill for as long as he or she wishes. From time to time, a Senator may "filibuster" by speaking about a bill for an extended period of time, never yielding the floor to another Senator. This is usually, at most, a delaying tactic, since a single member cannot speak for an indefinite amount of time. By combining forces with other Senators, however, it can be an effective tool for stopping action on an item, or for forcing compromise on an item.
After all amendments are offered and voted upon, and all Senators who wish to talk have had a chance to, the bill is put forth for a vote.
The Bill Becomes Law
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
The law is transmitted to the Archivist of the United States. The Archivist assigns the law a number. The Archivist publishes the law on its own, as a pamphlet. This is known as a slip law. The slip law contains a lot more than just the text of the law itself, such as where it is be inserted in the United States Code, if at all; its legislative history; the committees through which it passed; and so on. In effect, the slip law is a historical document in itself.
The law is also published in the United States Statutes at Large, The Statutes at Large is a collection of all laws passed in any given Congress.
Finally, if a law affects the U.S. Code, it is added to the Code, striking out sections or clauses that a law removes, and adding new ones the law created. The entire U.S. Code is republished every six years.
Types of Measures
The Legislative Assembly can accomplish tasks in addition to creating, amending or repealing laws. It can honor a distinguished Oregonian, propose an amendment to the Oregon constitution, or send a message on behalf of the Oregon legislature to the President of the United States. In these instances, a bill is not the appropriate form of measure.
There are six types of measures: a bill, joint resolution, concurrent resolution, resolution, joint memorial and memorial.
A bill, the most common type of measure, is a proposal for a law. All statutes, except those initiated by the people or referred to the people by the Legislative Assembly, must be enacted through a bill.
- The path of a bill, from the time it is just an idea to the time it arrives at the Governor's desk for approval, is paved with many detours. In order for a bill to become law, it must be passed by both houses in the identical form. A bill may be introduced in either the Senate or the House with the exception of revenue bills which must originate in the House.This is achieved through the following step-by-step process, using the House of Representatives, for example, as the house of origin.
- An idea to change, amend or create a new law is presented to a Representative.
- The Representative decides to sponsor the bill and introduce it to the House of Representatives, and requests that the attorneys in the Legislative Counsel's office draft the bill in the proper legal language.
- The bill is then presented to the Chief Clerk of the House, who assigns the bill a number and sends it back to the Legislative Counsel's office to verify it is in proper legal form and style.
- The bill is then sent to the State Printing Division, where it is printed and returned to House of Representatives for its first reading.
- After the bill's first reading, the Speaker refers it to a committee. The bill is also forwarded to the Legislative Fiscal Officer and Legislative Revenue Officer for determination of fiscal or revenue impact the measure might have.
- The committee reviews the bill, holds public hearings and work sessions.
- In order for the bill to go to the House floor for a final vote, or be reported out of committee, a committee report is signed by the committee chair and delivered back to the Chief Clerk.
- Any amendments to the bill are printed and the bill may be reprinted to include the amendments (engrossed bill).
- The bill, now back in the house of origin (House), has its second reading.
- The measure then has its third reading, which is its final recitation before the vote. This is the time the body debates the measure. To pass, the bill must receive aye votes of a majority of members (31 in the House, 16 in the Senate).
- If the bill is passed by a majority of the House members, it is sent to the Senate.
- The bill is read for the first time and the Senate President assigns it to committee. The committee reports the bill back to the Senate where the bill is given the second and third readings.
- If the bill is passed in the Senate without changes, it is sent back to the House for enrolling.
- If the bill is amended in the Senate by even one word, it must be sent back to the House for concurrence. If the House does not concur with the amendments, the presiding officers of each body appoint a conference committee to resolve the differences between the two versions of the bill.
- After the bill has passed both houses in the identical form, it is signed by three officers: the Speaker of the House, the Senate President, and the Chief Clerk of the House or Secretary of the Senate, depending on where the bill originated.
- The enrolled bill is then sent to the Governor who has five days to take action. If the Legislative Assembly is adjourned the Governor has 30 days to consider it.
- If the Governor chooses to sign the bill, it will become law on the prescribed effective date. The Governor may allow a bill to become law without his/her signature, or the Governor may decide to veto the bill. The Governor's veto may be overridden by a two-thirds vote of both houses.
- The signed enrolled bill, or act, is then filed with the Secretary of State, who assigns it an Oregon Laws chapter number.
- Staff in the Legislative Counsel's office insert the text of the new laws into the existing Oregon Revised Statutes in the appropriate locations and make any other necessary code changes.
- Effective Date of Legislation
- In 1999, the Legislative Assembly adopted ORS 171.022, which reads, "Except as otherwise provided in the Act, an Act of the Legislative Assembly takes effect on January 1 of the year after passage of the Act."
Some bills contain a clause which specify a particular effective date. Still others may have emergency, sunset, or referendum clauses attached.Links:
http://www.leg.state.or.us/process.html Found by Garrett Crawford
http://www.usconstitution.net/consttop_law.html Found by Loren Rykard
http://www.house.leg.state.mn.us/hrd/pubs/ss/ssconamd.htm Found by Garrett Crawford
http://www.cliffsnotes.com/study_guide/The-Amendment-Process-and-Bill-of-Rights.topicArticleId-65383,articleId-65423.html Found by Loren Rykard
http://www.leg.state.fl.us/kids/idealaw/index.html Found by Steven Wright
http://www.ehow.com/how_4451224_make-amendment.html Found by Steven Wright
http://www.fff.org/freedom/fd0411a.asp Found by Garrett Crawford
http://www.legis.state.ia.us/LIO/Info/HowAnIdeaBecomesALaw.pdf Found by Loren Rykard
http://www.archives.gov/exhibits/charters/bill_of_rights.html Found by Steven Wright